Patna High CourtCR. MISC./61205/2023bail granted

Suraj Kumar v. The State Of Bihar

2024-02-13Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61205 of 2023 Arising Out of PS. Case No.-351 Year-2021 Thana- KHAIRA District- Saran ====================================================== SURAJ KUMAR S/o- Lt. TARKESHWAR SAH Village- Mubarakpur P.S.- Rivilganj District - Saran at Chapra ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Kumar, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Khaira (Nagra) P.S. Case No. 351 of 2021 registered for the offence under Section 394 of the Indian Penal Code.

3. As per the prosecution case, informant's motorcycle has been snatched by three miscreants.

4. Learned counsel for the petitioner submits that the petitioner is in custody since 03.11.2021. He further submits that the petitioner is innocent committed no offence and has falsely been implicated in the present case. Similarly situated coaccused persons have already been granted bail by co-ordinate Benches of this Court in Cr. Misc. Nos. 43250 of 2022 and

Patna High Court CR. MISC. No.61205 of 2023(6) dt.13-02-2024 2/2 67802 of 2022 vide orders dated 22.11.2022 and 27.02.2023.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. Having heard learned counsel for the parties, perused the bail petition, first information report and also perused the impugned order passed by learned Additional Sessions Judge - 5th , Siwan dated 13.04.2023 it appears that petitioner is non-FIR accused. Considering the aforesaid facts and circumstances and period of custody of the petitioner, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Class Judicial Magistrate, Saran at Chapra in connection with Khaira (Nagar) P.S. Case No. 351 of 2021.

(Ramesh Chand Malviya, J) saurabhkr/- U T